PRE-EMPLOYMENT (BAR SYLLALUS)

By: Atty. Edwin E. Torres (MSU 2022)

A. RECRUITMENT AND PLACEMENT OF LOCAL AND MIGRANT WORKERS

1. DEFINITION OF RECRUITMENT AND PLACEMENT

"Recruitment and placement" refers to any act of canvassing, enlisting, contracting,

transporting, utilizing, hiring or procuring workers, and includes referrals, contract
services, promising or advertising for employment, locally or abroad, whether for profit or
not: Provided, That any person or entity which, in any manner, offers or promises for a
fee, employment to two or more persons shall be deemed engaged in recruitment and
placement.” (Article 13, Labor Code)

2. REGULATION OF RECRUITMENT AND PLACEMENT ACTIVITIES

A) REGULATORY AUTHORITIES

(1) PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION

The POEA is already the Department of Migrant Workers pursuant to RA 11641. The
DMW is mandated to regulate the recruitment, employment, and deployment of OFWs.

Definitions:

License – refers to the document issued by the DMW Secretary

authorizing a natural or juridical person to operate a private
recruitment or manning agency.

Recruitment agency – refers to a natural or juridical person duly

licensed by the DMW Secretary to engage in the recruitment and
placement of land-based OFWs.

Manning agency – refers to a natural or juridical person duly licensed

by the DMW Secretary to engage in the recruitment and placement of
seafarers.

(2) REGULATORY AND VISITORIAL POWERS OF THE

DEPARTMENT OF LABOR AND EMPLOYMENT SECRETARY

ART. 36. Regulatory Power. – The Secretary of Labor shall have the
power to restrict and regulate the recruitment and placement
activities of all agencies within the coverage of this Title and is hereby
authorized to issue orders and promulgate rules and regulations to
carry out the objectives and implement the provisions of this Title.

ART. 37. Visitorial Power. – The Secretary of Labor or his duly

authorized representatives may, at any time, inspect the premises,
books of accounts and records of any person or entity covered by this
Title, require it to submit reports regularly on prescribed forms, and
act on violation of any provisions of this Title.

B) BAN ON DIRECT HIRING

ART. 18. Ban on Direct-Hiring. – No employer may hire a Filipino

worker for overseas employment except through the Boards and
entities authorized by the Secretary of Labor. Direct-hiring by
members of the diplomatic corps, international organizations and
such other employers as may be allowed by the Secretary of Labor is
exempted from this provision.

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C) ENTITIES PROHIBITED FROM RECRUITING

ART. 26. Travel Agencies Prohibited to Recruit. – Travel agencies and

sales agencies of airline companies are prohibited from engaging in
the business of recruitment and placement of workers for overseas
employment whether for profit or not.

D) SUSPENSION OR CANCELLATION OF LICENSE OR AUTHORITY

ART. 35. Suspension and/or Cancellation of License or Authority. –

The Minister of Labor shall have the power to suspend or cancel any
license or authority to recruit employees for overseas employment for
violation of rules and regulations issued by the Ministry of Labor, the
Overseas Employment Development Board, or for violation of the
provisions of this and other applicable laws, General Orders and
Letters of Instructions.

E) PROHIBITED PRACTICES [ARTICLE 34, LABOR CODE]

ART. 34. Prohibited Practices. – It shall be unlawful for any individual,

entity, licensee, or holder of authority:

(a) To charge or accept, directly or indirectly, any amount greater

than that specified in the schedule of allowable fees prescribed
by the Secretary of Labor, or to make a worker pay any amount
greater than that actually received by him as a loan or advance;

(b) To furnish or publish any false notice or information or

document in relation to recruitment or employment;

(c) To give any false notice, testimony, information or document or

commit any act of misrepresentation for the purpose of securing
a license or authority under this Code;

(d) To induce or attempt to induce a worker already employed to

quit his employment in order to offer him to another unless the
transfer is designed to liberate the worker from oppressive terms
and conditions of employment;

(e) To influence or to attempt to influence any person or entity not

to employ any worker who has not applied for employment
through his agency;

(f) To engage in the recruitment or placement of workers in jobs

harmful to public health or morality or to the dignity of the
Republic of the Philippines;

(g) To obstruct or attempt to obstruct inspection by the Secretary of

Labor or by his duly authorized representatives;

(h) To fail to file reports on the status of employment, placement

vacancies, remittance of foreign exchange earnings, separation
from jobs, departures and such other matters or information as
may be required by the Secretary of Labor;

(i) To substitute or alter employment contracts approved and

verified by the Department of Labor from the time of actual
signing thereof by the parties up to and including the periods of
expiration of the same without the approval of the Secretary of
Labor;

(j) To become an officer or member of the Board of any corporation

engaged in travel agency or to be engaged directly or indirectly
in the management of a travel agency; and

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 (k) To withhold or deny travel documents from applicant workers
before departure for monetary or financial considerations
3. ILLEGAL RECRUITMENT [LABOR CODE AND THE MIGRANT WORKERS AND
OVERSEAS EMPLOYMENT ACT OF 1995 (RA 8042), AS AMENDED BY RA
10022]

A) ELEMENTS

RA 10022, which amended RA 8042 otherwise known as the “Migrant Workers and
Overseas Filipinos Act of 1995,” provides the following definition of illegal recruitment:

"SEC. 6. Definition. - For purposes of this Act, illegal recruitment

shall mean any act of CANVASSING, ENLISTING, CONTRACTING,
TRANSPORTING, UTILIZING, HIRING, or PROCURING workers and
includes REFERRING, CONTRACT SERVICES, PROMISING or
ADVERTISING for employment abroad, whether for profit or not,
when undertaken by non-licensee or non-holder of authority
contemplated under Article 13(f) of Presidential Decree No. 442, as
amended, otherwise known as the Labor Code of the Philippines:
Provided, That any such non-licensee or non-holder who, in any
manner, offers or promises for a fee employment abroad to two or
more persons shall be deemed so engaged. It shall likewise include
the following acts, whether committed by any person, whether a
non-licensee, non-holder, licensee or holder of authority:

(a) To charge or accept directly or indirectly any

amount greater than that specified in the
schedule of allowable fees prescribed by the
Secretary of Labor and Employment, or to make a
worker pay or acknowledge any amount greater
than what was actually received by him as a loan
or advance;
(b) To furnish or publish any false notice or
information or document in relation to
recruitment or employment;
(c) To give any false notice, testimony, information
or document or commit any act of
misrepresentation for the purpose of securing a
license or authority under the Labor Code, or for
the purpose of documenting hired workers with
the POEA, which include the act of reprocessing
workers through a job order that pertains to
nonexistent work, work different from the actual
overseas work, or work with a different employer
whether registered or not with the POEA;
(d) To include or attempt to induce a worker already
employed to quit his employment in order to
offer him another unless the transfer is designed
to liberate a worker from oppressive terms and
conditions of employment;
(e) To influence or attempt to influence any person
or entity not to employ any worker who has not
applied for employment through his agency or
who has formed, joined or supported, or has
contacted or is supported by any union or
workers' organization;
(f) To engage in the recruitment or placement of
workers in jobs harmful to public health or
morality or to the dignity of the Republic of the
Philippines;
(h) To fail to submit reports on the status of
employment, placement vacancies, remittance of
foreign exchange earnings, separation from jobs,
departures and such other matters or information
as may be required by the Secretary of Labor and
Employment;

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 (i) To substitute or alter to the prejudice of the
worker, employment contracts approved and
verified by the Department of Labor and
Employment from the time of actual signing
thereof by the parties up to and including the
period of the expiration of the same without the
approval of the Department of Labor and
Employment;
(j) For an officer or agent of a recruitment or
placement agency to become an officer or
member of the Board of any corporation engaged
in travel agency or to be engaged directly or
indirectly in the management of travel agency;
(k) To withhold or deny travel documents from
applicant workers before departure for monetary
or financial considerations, or for any other
reasons, other than those authorized under the
Labor Code and its implementing rules and
regulations;
(l) Failure to actually deploy a contracted worker
without valid reason as determined by the
Department of Labor and Employment;
(m) Failure to reimburse expenses incurred by the
worker in connection with his documentation and
processing for purposes of deployment, in cases
where the deployment does not actually take
place without the worker's fault. Illegal
recruitment when committed by a syndicate or in
large scale shall be considered an offense
involving economic sabotage; and
(n) To allow a non-Filipino citizen to head or manage
a licensed recruitment/manning agency.

In addition to the acts enumerated above, it shall also be unlawful

for any person or entity to commit the following prohibited acts:

(1) Grant a loan to an overseas Filipino worker with

interest exceeding eight percent (8%) per annum,
which will be used for payment of legal and
allowable placement fees and make the migrant
worker issue, either personally or through a
guarantor or accommodation party, postdated
checks in relation to the said loan;
(2) Impose a compulsory and exclusive arrangement
whereby an overseas Filipino worker is required
to avail of a loan only from specifically designated
institutions, entities or persons;
(3) Refuse to condone or renegotiate a loan incurred
by an overseas Filipino worker after the latter's
employment contract has been prematurely
terminated through no fault of his or her own;
(4) Impose a compulsory and exclusive arrangement
whereby an overseas Filipino worker is required
to undergo health examinations only from
specifically designated medical clinics,
institutions, entities or persons, except in the
case of a seafarer whose medical examination
cost is shouldered by the principal/shipowner;
(5) Impose a compulsory and exclusive arrangement
whereby an overseas Filipino worker is required
to undergo training, seminar, instruction or
schooling of any kind only from specifically
designated institutions, entities or persons,
except fpr recommendatory trainings mandated
by principals/shipowners where the latter
shoulder the cost of such trainings;

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 (6) For a suspended recruitment/manning agency to
engage in any kind of recruitment activity
including the processing of pending workers'
applications; and
(7) For a recruitment/manning agency or a foreign
principal/employer to pass on the overseas
Filipino worker or deduct from his or her salary
the payment of the cost of insurance fees,
premium or other insurance related charges, as
provided under the compulsory worker's
insurance coverage.

The persons criminally liable for the above offenses are the
principals, accomplices and accessories. In case of juridical persons,
the officers having ownership, control, management or direction of
their business who are responsible for the commission of the offense
and the responsible employees/agents thereof shall be liable.”

B) TYPES

1. Ordinary illegal recruitment

2. Illegal recruitment committed by a syndicate - if carried out by a group of three

(3) or more persons conspiring or confederating with one another.

3. Illegal recruitment is deemed committed in large scale if committed against three

(3) or more persons individually or as a group.

Illegal recruitment when committed by a syndicate or in large scale shall be considered an

offense involving economic sabotage.

4. Prohibited acts

Penalties:

1. Ordinary illegal recruitment - imprisonment of not less than twelve (12) years and
one (1) day but not more than twenty (20) years and a fine of not less than One million
pesos (P1,000,000.00) nor more than Two million pesos (P2,000,000.00).

2. Illegal recruitment constituting economic sabotage - life imprisonment and a fine

of not less than Two million pesos (P2,000,000.00) nor more than Five million pesos
(P5,000,000.00)

Provided, however, That the maximum penalty shall be imposed if the person illegally
recruited is less than eighteen (18) years of age or committed by a non-licensee or non-
holder of authority.

3. Prohibited acts shall suffer the penalty of imprisonment of not less than six (6)
years and one (1) day but not more than twelve (12) years and a fine of not less than Five
hundred thousand pesos (P500,000.00) nor more than One million pesos
(P1,000,000.00).

C) ILLEGAL RECRUITMENT VS. ESTAFA

1. A person who commits illegal recruitment may be charged and convicted
separately of illegal recruitment under the Labor Code and estafa under par. 2 (a) of Art.
315 of the Revised Penal Code. The offense of illegal recruitment is malum prohibitum
where the criminal intent of the accused is not necessary for conviction, while estafa is
malum in se where the criminal intent of the accused is crucial for conviction. Conviction
for offenses under the Labor Code does not bar conviction for offenses punishable by
other laws. Conversely, conviction for estafa under par. 2 (a) of Art. 315 of the Revised
Penal Code does not bar a conviction for illegal recruitment under the Labor Code. It

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follows that one's acquittal of the crime of estafa will not necessarily result in his
acquittal of the crime of illegal recruitment in large scale, and vice versa. 1

2. In the same manner, a conviction for Illegal Recruitment does not automatically
result to a conviction for Estafa. The prosecution must still prove the elements of the
offense. Moreover, in Estafa through deceit or false pretenses, the fraud must have been
executed prior to or simultaneous with the commission of the fraud. In a case, the
accused and her agency had the qualifications and capacity to deploy workers abroad.
The offense she committed was in her failure to reimburse the documentation and
processing expenses incurred by the applicants when they were not deployed without
their fault. Unfortunately for accused, the acquittal for Estafa has no bearing on her
sentence as the penalty for Large Scale Illegal Recruitment under Section 7(b) is Life
Imprisonment.2

3. Article 315(2)(a) of the RPC provides for the following mode of committing Estafa:

“2. By means of any of the following false pretenses or fraudulent acts

executed prior to or simultaneously with the commission of the fraud:

(a) By using fictitious name, or falsely pretending to possess

power, influence, qualifications, property, credit, agency,
business or imaginary transactions, or by means of other
similar deceits. x x x.”

The elements of Estafa by means of false pretenses or deceit were enumerated as follows:

(a) that there must be a false pretense or fraudulent representation as to

his power, influence, qualifications, property, credit, agency,
business or imaginary transactions;

(b) that such false pretense or fraudulent representation was made or

executed prior to or simultaneously with the commission of the fraud;

(c) that the offended party relied on the false pretense, fraudulent act, or
fraudulent means and was induced to part with his money or
property; and

(d) that, as a result thereof, the offended party suffered damage.

In a case, the element of false pretense or fraudulent representations is lacking. The

accused was a duly licensed recruitment agency registered with the POEA, as shown in
its License. Moreover, the Job Order Balance Report issued by the POEA shows that the
accused and her agency had 24 approved job orders for Taiwan for the period 2007-2008.
Thus, the accused and her agency possessed the qualifications and business transactions
necessary to deploy workers to Taiwan. The prosecution did not present any document
from DOLE during trial to establish the reason for the failure to deploy the private
complainants. Thus, it cannot be assumed that the same was due to the fault of the
agency.3

4. In another case, the accused was convicted of Estafa. First, the accused

misrepresented her qualifications and authority to send the victim to work in Australia.
She actively made the victim believe that she had the ability to do so - she showed
pictures of her "recruits," had one of them give a testimonial, and told him stories to
convince him of such ability. It did not matter that "they had no agreement" that their
transaction was for recruitment or deployment. All her acts were calculated to convince
the victim that the accused was qualified to send him abroad for employment. It is
enough that she "gave the impression that [she] had the power to send workers abroad for
employment purposes." Second, the accused’s false representation was made prior to or
simultaneous to the commission of the fraud. The accused used these false
representations to convince the victim that he would be able to go to Australia and be a
fruit picker, just like her other recruits. These representations were clearly mere devices

1
People of the Philippines vs. Espiritu and Mabborang (G.R. No. 226140, 26 February 2020).
2
Ibid.
3
Ibid.

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to convince the victim, whom she only met at that time, that she was a legitimate
recruiter. Third, the victim relied on accused’s representations. He believed that she
could send him to Australia because of the pictures and testimonials she showed him.
He also relied on the fact that his aunt knew accused’s husband, a police officer, adding
to her trustworthiness. The accused banked on that trust to convince the victim to part
with his money and be "recruited" into overseas employment. The victim believed that
accused had the same ability to send him to Australia. He did not even ask for her
authority or check for himself with the POEA, relying instead on her word. This tells us
that he was fully convinced based on accused’s representations. Fourth, accused's
misrepresentation resulted in damage to victim. He paid the ₱80,000 down payment that
accused required of him as processing fee, but the purpose for which it was paid never
materialized. Likewise, said amount was never reimbursed to the victim despite his
demands for its return.4

4. LIABILITY OF LOCAL RECRUITMENT AGENCY AND FOREIGN EMPLOYER

A) SOLIDARY LIABILITY

1. Section 10 of RA 8042, as amended, states:

"SEC. 10. Money Claims. - Notwithstanding any provision of law to the

contrary, the Labor Arbiters of the National Labor Relations Commission
(NLRC) shall have the original and exclusive jurisdiction to hear and
decide, within ninety (90) calendar days after the filing of the complaint,
the claims arising out of an employer-employee relationship or by virtue of
any law or contract involving Filipino workers for overseas deployment
including claims for actual, moral, exemplary and other forms of damage.
Consistent with this mandate, the NLRC shall endeavor to update and
keep abreast with the developments in the global services industry.

The liability of the principal/employer and the recruitment/placement

agency for any and all claims under this section shall be joint and
several. This provision shall be incorporated in the contract for overseas
employment and shall be a condition precedent for its approval. The
performance bond to de filed by the recruitment/placement agency, as
provided by law, shall be answerable for all money claims or damages that
may be awarded to the workers. If the recruitment/placement agency is a
juridical being, the corporate officers and directors and partners as the
case may be, shall themselves be jointly and solidarily liable with the
corporation or partnership for the aforesaid claims and damages.

Such liabilities shall continue during the entire period or duration of the
employment contract and shall not be affected by any substitution,
amendment or modification made locally or in a foreign country of the
said contract. x x x.”

2. The fundamental effect of joint and several liability is that "each of the debtors is
liable for the entire obligation." A final determination may, therefore, be achieved even if
only one of the joint and several debtors are impleaded in an action. Hence, in the case of
overseas employment, either the local agency or the foreign employer may be sued for all
claims arising from the foreign employer’s labor law violations. This way, the overseas
workers are assured that someone - the foreign employer’s local agent - may be made to
answer for violations that the foreign employer may have committed. The Migrant
Workers and Overseas Filipinos Act of 1995 ensures that overseas workers have recourse
in law despite the circumstances of their employment. By providing that the liability of
the foreign employer may be "enforced to the full extent" against the local agent, the
overseas worker is assured of immediate and sufficientpayment of what is due them. 5

B) THEORY OF IMPUTED KNOWLEDGE

The theory of imputed knowledge ascribes the knowledge of the agent to the principal,
not the other way around. The knowledge of the principal-foreign employer cannot,
therefore, be imputed to its agent. In a case where an agent deployed a migrant worker
4
People of the Philippines vs. Sison (G.R. No. 187160, 9 August 2017).
5
Sameer Overseas Placement Agency, Inc. vs. Cabiles (G.R. No. 170139, 5 August 2014).

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for a 12-month work abroad, it should not be imputed with knowledge of the principal’s
extension of said work for another 12 months.6

5. TERMINATION OF CONTRACT OF MIGRANT WORKER

SEC. 10. Money Claims. - x x x. In case of termination of overseas

employment without just, valid or authorized cause as defined by law
or contract, the workers shall be entitled to the full reimbursement of
his placement fee with interest of twelve percent (12%) per annum,
plus his salaries for the unexpired portion of his employment contract
or for three (3) months for every year of the unexpired term,
whichever is less. x x x. (RA 8042)

The clause "or for three (3) months for every year of the unexpired term, whichever is less"
under Section 10 of the Migrant Workers and Overseas Filipinos Act is unconstitutional
for violating the equal protection and substantive due process clauses. The worker is
entitled to his salaries for the entire unexpired period of his employment contract,
pursuant to law and jurisprudence prior to the enactment of RA 8042.7

Section 10 of RA 8042 was amended in 2010 by RA 10022. But the amendment still
contained the provision that was declared unconstitutional, to wit:

"SEC. 10. Money Claims. – x x x. In case of termination of overseas

employment without just, valid or authorized cause as defined by law
or contract, or any unauthorized deductions from the migrant
worker's salary, the worker shall be entitled to the full reimbursement
if his placement fee and the deductions made with interest at twelve
percent (12%) per annum, plus his salaries for the unexpired portion
of his employment contract or for three (3) months for every year of
the unexpired term, whichever is less. x x x”

When a law or a provision of law is null because it is inconsistent with the Constitution,
the nullity cannot be cured by reincorporation or reenactment of the same or a similar
law or provision. A law or provision of law that was already declared unconstitutional
remains as such unless circumstances have so changed as to warrant a reverse
conclusion.8

B. EMPLOYMENT OF NON-RESIDENT ALIENS

“Article 40. Employment permit of non-resident aliens. Any alien

seeking admission to the Philippines for employment purposes and any
domestic or foreign employer who desires to engage an alien for
employment in the Philippines shall obtain an employment permit
from the Department of Labor.

The employment permit may be issued to a non-resident alien or to

the applicant employer after a determination of the non-availability of
a person in the Philippines who is competent, able and willing at the
time of application to perform the services for which the alien is
desired.

For an enterprise registered in preferred areas of investments, said

employment permit may be issued upon recommendation of the
government agency charged with the supervision of said registered
enterprise.

6
Sunace International Management Services, Inc. vs. NLRC and Another (G.R. No. 161757, 25 January 2006).
7
Serrano vs. Gallant Maritime Services, Inc. and Marlow Navigation Co., Inc. (G.R. No. 167614, 24 March
2009).
8
Sameer Overseas Placement Agency, Inc. vs. Cabiles (G.R. No. 170139, 5 August 2014).

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 Article 41. Prohibition against transfer of employment.

After the issuance of an employment permit, the alien shall not

transfer to another job or change his employer without prior approval
of the Secretary of Labor.

Any non-resident alien who shall take up employment in violation of

the provision of this Title and its implementing rules and regulations
shall be punished in accordance with the provisions of Articles 289
and 290 of the Labor Code.

In addition, the alien worker shall be subject to deportation after

service of his sentence.

Article 42. Submission of list. Any employer employing non-resident

foreign nationals on the effective date of this Code shall submit a list
of such nationals to the Secretary of Labor within thirty (30) days after
such date indicating their names, citizenship, foreign and local
addresses, nature of employment and status of stay in the country.
The Secretary of Labor shall then determine if they are entitled to an
employment permit.

C. DISCRIMINATORY PRACTICES

1. AGE (RA 10911 OR THE ANTI-AGE DISCRIMINATION IN EMPLOYMENT ACT)

PAGE 1 OF 5

Section 5. Prohibition of Discrimination in Employment on Account of Age -

(a) It shall be unlawful for an employer to:

(1) Print or publish, or cause to be printed or published, in any

form of media, including the internet, any notice of
advertisement relating to employment suggesting
preferences, limitations, specifications, and discrimination
based on age;

(2) Require the declaration of age or birth date during the

application process;

(3) Decline any employment application because of the

individual’s age;

(4) Discriminate against an individual in terms of

compensation, terms and conditions or privileges of
employment on account of such individual’s age;

(5) Deny any employee’s or worker’s promotion or opportunity

for training because of age;

(6) Forcibly lay off an employee or worker because of old age;

or

(7) Impose early retirement on the basis of such employee’s or

worker’s age.

(b) It shall be unlawful for a labor contractor or subcontractor, if

any, to refuse to refer for employment or otherwise discriminate
against any individual because of such person’s age.

(c) It shall be unlawful for a labor organization to:

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 (1) Deny membership to any individual because of such
individual’s age;

(2) Exclude from its membership any individual because of

such individual’s age; or

(3) Cause or attempt to cause an employer to discriminate

against an individual in violation of this Act.

(d) It shall be unlawful for a publisher to print or publish any notice

of advertisement relating to employment suggesting preferences,
limitations, specifications, and discrimination based on age.

Section 6. Exceptions. - It shall not be unlawful for an employer to set

age limitations in employment if:

(a) Age is a bona fide occupational qualification reasonably

necessary in the normal operation of a particular business or
where the differentiation is based on reasonable factors other
than age;

(b) The intent is to observe the terms of a bona fide seniority

system that is not intended to evade the purpose of this Act;

(c) The intent is to observe the terms of a bona fide employee

retirement or a voluntary early retirement plan consistent with
the purpose of this Act: Provided, That such retirement or
voluntary retirement plan is in accordance with the Labor Code,
as amended, and other related laws; or

(d) The action is duly certified by the Secretary of Labor and

Employment in accordance with the purpose of this Act.

Section 7. Penalty. - Any violation of this Act shall be punished with

a fine of not less than fifty thousand pesos (₱50,000.00) but not more
than five hundred thousand pesos (₱500,000.00), or imprisonment of
not less than three (3) months but not more than two (2) years, or
both, at the discretion of the court. If the offense is committed by a
corporation, trust, firm, partnership or association or other entity,
the penalty shall be imposed upon the guilty officer or officers of
such corporation, trust, firm, partnership or association or entity.

2. GENDER AND/OR MARITAL STATUS (RA 9710 OR THE MAGNA CARTA OF

WOMEN)

SECTION 18.       Special Leave Benefits for Women. — A woman

employee having rendered continuous aggregate employment service
of at least six (6) months for the last twelve (12) months shall be
entitled to a special leave benefit of two (2) months with full pay
based on her gross monthly compensation following surgery caused by
gynecological disorders.

3. HEALTH CONDITION (RA 7277 OR THE MAGNA CARTA FOR DISABLED

PERSONS)

Sec. 5. Equal Opportunity for Employment. - No disable person shall

be denied access to opportunities for suitable employment. A
qualified disabled employee shall be subject to the same terms and
conditions of employment and the same compensation, privileges,
benefits, fringe benefits, incentives or allowances as a qualified able-
bodied person. Five percent (5%) of all casual emergency and
contractual positions in the Departments of Social Welfare and
Development; Health; Education, Culture and Sports; and other
government agencies, offices or corporations engaged in social
development shall be reserved for disabled persons.

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 Sec. 6. Sheltered Employment - If suitable employment for disabled
persons cannot be found through open employment as provided in
the immediately preceding Section, the State shall endeavor to
provide it by means of sheltered employment. In the placement of
disabled persons in sheltered employment, it shall accord due regard
to the individual qualities, vocational goals and inclinations to
ensure a good working atmosphere and efficient production.

Sec. 7. Apprenticeship. - Subject to the provisions of the Labor Code

as amended, disabled persons shall be eligible as apprentices or
learners: Provided, That their handicap is not as much as to
effectively impede the performance of job operations in the
particular occupation for which they are hired; Provided, further,
That after the lapse of the period of apprenticeship, if found
satisfactory in the job performance, they shall be eligible for
employment.

Sec. 8. Incentives for Employers. - (a) To encourage the active

participation of the private sector in promoting the welfare of
disabled persons and to ensure gainful employment for qualified
disabled persons, adequate incentives shall be provided to private
entities which employ disabled persons.

(b) Private entities that employ disabled persons who meet the
required skills or qualifications, either as regular employee,
apprentice or learner, shall be entitled to an additional deduction,
from their gross income, equivalent to twenty-five percent (25%) of
the total amount paid as salaries and wages to disabled persons:
Provided, however, That such entities present proof as certified by
the Department of Labor and Employment that disabled persons are
under their employ: Provided, further, That the disabled employee is
accredited with the Department of Labor and Employment and the
Department of Health as to his disability, skills and qualifications. (c)
Private entities that improve or modify their physical facilities in
order to provide reasonable accommodation for disabled persons
shall also be entitled to an additional deduction from their net
taxable income, equivalent to fifty percent (50%) of the direct costs
of the improvements or modifications. This Section, however, does
not apply to improvements or modifications of facilities required
under Batas Pambansa Bilang 344.

4. SOLO PARENTS (SEC. 7, RA 8972, AS AMENDED BY RA 11861)

Section 8. Parental leave.in addition to leave privileges under

existing laws, a forfeitable and noncumulative parental leave of not
more than seven (7) working days with pay every year shall be
granted to any solo parent employee, regardless of employment
status, who has rendered service of at least six (6) months: Provided,
That the parental leave benefit may be availed of by the solo parent
employees in the government and the private sector.

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